09-04-2003 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FOURTH. DAY OF SEPTEMBER IN THE
YEAR TWO THOUSAND AND THREE
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Phillip A. Bradshaw (Arrived at 4:20 p.m.)
Henry H. Bradby
Robert C. Claud, Sr.
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
Carey Mills Storm, Recording Secretary
Chairman MacManus called the meeting to order at 4:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance. was conducted
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Chairman MacManus called for approval of the agenda.
County Attorney Stroman requested that under Special Presentations a
Resolution of Appreciation for Debbie Johnson and a presentation from
Theodore Hardison be added; that the item concerning the restrooms at Nike
Park under the Parks and Recreation report be removed, as it will be
addressed under Old Business; that the Board authorize .the County
Administrator to enter into an agreement. with Kemper Consulting; that three
(3) legal items be added under closed session pursuant to Section 2.2-
3711.A.7 concerning two (2) legal matters requiring advice. of counsel and
under Section 2.2-3711.A.1 concerning a personnel matter be added; and,
that a discussion concerning County maps under Old Business be added to
the agenda. .
Supervisor Claud moved that the Board approve the agenda, as
amended. The motion was adopted unanimously (5-0).
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Chairman MacManus acknowledged Debbie Johnson for her act of
bravery,
Supervisor Clark moved that the Board adopt the following Resolution
of Appreciation for Debbie Johnson:
RESOLUTION OF APPRECIATION
FOR DEBBIE. JOHNSON
WHEREAS, Debbie Johnson is a citizen of Isle of Wight County
residing at 5309 Windsor Boulevard in the Zuni community; and,
WHEREAS, on May 30, 2003, due to the impact from a vehicular
collision, a tractor trailer burst into flames, veered out of control across
Route 460 and into a residential dwelling which was also consumed with
flames; and,
WHEREAS, Debbie Johnson rushed to the burning tractor trailer. and,
in a proactive manner, successfully pulled the driver from 'the dangerous
wreckage; and,
WHEREAS, the actions of Debbie Johnson were brave and unselfish,
and instrumental to the preservation of the affected driver's life,
NOW, THEREFORE, BE IT AND IT IS RESOLVED that the Board
of Supervisors of Isle of Wight County, Virginia recognizes and appreciates
the heroic deeds of Debbie Johnson as performed on May 30, 2003,
The motion was adopted unanimously (5-0).
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Chairman MacManus called for Special Presentations,
Kathleen Blanchard, Senior Services of Southeastern Virginia,
reported on State and Federal cuts- that have resulted in reductions in, but
not the elimination of, certain services offered by that agency in the County..
She identified certain changes that will be experienced by that agency and
advised that freshly prepared meals will be served at the two (2) nutrition
centers on Monday, Wednesday and Friday, and frozen .meals on Tuesday
and Thursday. She also advised that a fee of $6 each way would now be
charged for persons requiring medical transportation from the County to any
specialist that is long distance, She stated approximately $400,000 is
needed in order to reestablish services at the current. level. She advised
there will also not be any special events and sponsors are actively being
sought for the annual fish fry that is held in the County.
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Supervisor Bradby moved that the Board direct staff' to correspond
with the County's legislators with respect to funding for senior services,
specifying that 1,300. senior citizens that were previously receiving RN
check-ups will no longer be receiving this service and that there is a
reduction in the number of senior citizens receiving meals. The motion was
adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion, and no Supervisors voting
against the motion.
Theodore Hardison, appointed by Governor Warner as the Fourth
District representative to the Agriculture and Consumer Affairs Board for
the State of Virginia and Chairman of the Isle of Wight Extension
Leadership Council for Virginia. Tech representing the County, addressed
the Board with respect to how his position. with the State might be utilized
in assisting the County's agricultural community.
Supervisor Bradshaw requested that Mr. Hardison provide the Board
with a quarterly update on how the County can assist him in his efforts with
the agricultural.. community, the declining number of farmers and the peanut
and poultry programs.
Supervisor Bradshaw moved that the Board request that the
Agriculture and Consurr-er Affairs Board, after evaluating the poultry
industry in the County, send a recommendation to the Board with respect to
the County's. ability to tax the remaining poultry buildings, as well as how
the County can officially proceed with respect to State law. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting. in favor of the motion, and no Supervisors. voting
against the motion.
Supervisor Bradby requested that Mr. Hardison, on his return visit to
the Board, be prepared to discuss the economic problems facing watermen.
In response to Mr. Hardison's request, Supervisor Claud moved that
the Board direct staff to invite Carlton Colter, Commissioner of Agriculture,
to attend the County Fair and associated reception. The motion was. adopted
by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the .motion, and no Supervisors voting against
the motion.
Mr. Hardison noted that the .Commissioner of Agriculture will be
addressing VLC members in February, 2003 and he invited .the Board to
attend.
Supervisor Clark asked Mr. Hardison to let County Administrator
Caskey know when the date for the meeting is set so that he can relay this
information back to the Board.
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Chairman MacManus indicated the Consent Agenda included the
following items:
Ae DEQ/Public Notices for 8/11/03
B. Resolution for an Annual Day of Remembra~ice and Honor on
September. l l `~ for Isle of Wight County
C. Boykin's Tavern Fall '03 Lecture Series
D, Action List Status Update
E. August 7, 2003 Regular Meeting Minutes
Chairman MacManus asked if there were any items for removal.
Supervisor Clark moved the Board approve the Consent Agenda. The
motion was. adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion, .and no .Supervisors voting
against the motion.
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Chairman MacManus called for Regional Reports.
Supervisor Claud reported. that at the August meeting of the Hampton
Roads Planning District Commission,. the MPO did approve the 2026
Transportation Plan. He noted that Route 460 remains as a project in the
2026 Plan. He noted that the MPO voted to go on record in support of the
Route 460 Location Study Resolution with a letter. going to the State
incorporating the County's request.
Supervisor Claud reported a draft ordinance pertaining to adequate
public facilities was discussed. in the Executive Committee meeting of the
Coalition of High Growth Communities. He stated the proposed ordinance
does not impact localities' ability to collect cash proffers. He stated
concerns were expressed about the draft ordinance in the meeting and all
localities were requested. to submit their comments and County Attorney
Stroman has agreed to respond on behalf of the County. He stated
administrative staffing for the Coalition was also discussed, and he believes
it is to the point that if the Coalition is going to continue to be an effective
organization there needs to be someone to manage its day-to-day affairs. He
noted if a person is hired, additional revenue from the member localities will
be required.
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Supervisor Claud notified the Board of a meeting of the Virginia
Cooperative Extension scheduled for September 10, 2003 to develop .action
plans for some of the suggestions that were offered.
Supervisor Clark, attending the Southside Mayors and Chairs on
behalf of the Chairman, reported on discussion relative to combining the
workforce office on the Peninsula and the Southside as it relates to cost
savings and a regional approach.
Supervisor Claud reported only routine business was discussed at the
August meeting of the Western Tidewater Regional Jail.
Chairman MacManus reported that SWANA awarded the 2003 Gold
Medal for System Excellence to SPSA. He further reported that the RDF
fire recovery is expected to be back on line by September, 2003 and that
SPSA is initiating a publicity campaign to provide additional information to
the citizens with respect to SPSA's purpose and attempting to promote
recycling.
Chairman MacManus reported that the BRAG (military base closure)
issue coming up in 2005 was discussed at the Hampton Roads Mayors and
Chairs meeting.. He stated the State of Virginia. has allocated $50,000 to
address this issue, while other states are allocating up to $4,000,000 into
their efforts to keep military bases in operation.. He further stated in an
effort to establish conservation areas .throughout the State, a proposal for
additional ,surcharges is being considered for the next Legislative Session in
the amount of $2 per month for electric fees, $2 per month for water, $2 per
month for sewer, as well as a tax on trash, all in an effort to gather additional
funds.
Chairman MacManus reported that at the Hampton Roads Economic
Development Alliance meeting, discussion included the issue of the
Peninsula Economic Development Alliance and the HREDA merging,
resulting in a cost savings, as well as a beneficial gain because different
groups are pursued through an economic development perspective.
Chairman MacManus stated with respect to the Community Advisory
Group. meeting with Smithfield Foods, the effort to bring the data center on-
line was moving in a positive manner.
Supervisor Bradshaw reported that with respect to the. VACo Board of
Directors, he would be sitting on a panel interview with Joel Rueben which
will air Sunday morning on Channel 13. He stated the rural economy of
Southside Virginia would be the focus of discussion.. He stated a segment
with respect to VACo's public awareness campaign would also be
discussed.
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Chairman MacManus called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, distributed a
copy of correspondence addressed to .the County Administrator, dated
August 21, 2003, from John W. Barr, VDOT Assistant Residency Engineer,
with respect to the VDOT Transportation Commissioner's resolution
authorizing a reduction in speed on Four Square Road.
Mr. Hartley reported that VDOT has identified a ditch that will be
cleaned out in the Zuni Circle area. He noted that VDOT is currently
attempting to get the owner's authorization to enter the property.
Supervisor Bradshaw requested that Mr. Hartley make. this a priority
and stay in touch with VDOT .because of the heavy. rains that have occurred,
He noted that he would be meeting with Rick Riddick in the near future on-
site. He stated a pipe located under Route 460. is still a concern.
Mr. Hartley reported that VDOT staff has met with the residents of
Camptown with respect to the roadside ditches being cleared in the next
several weeks. He noted that approximately two (2) years ago, drainage
work was performed in the Pocahontas area and paid by grant funds.
Mr. Hartley reported that work has begun again on Pruden Road.
Supervisor Bradshaw brought to Mr. Hartley's attention that the
contractor is nearing the expiration date for closure of the road. He
requested that Mr. Hartley investigate the status of the matter.
Mr. Hartley reported that a meeting has been set with the VDOT
District Administrator on September 25, 2003 at 2:00 p.m. at the VDOT
Suffolk Residency. He noted he would be developing a punch list. of topics
on the next agenda for that meeting and he invited any interested Board.
members to attend.
Supervisor Bradshaw requested Mr. Hartley to continue providing the
Board with a Road Project List.
Supervisor Claud reminded Mr. Hartley that a meeting needs to be set
with respect to drainage problems on Central Hill Road.
Supervisor Claud reminded Mr. Hartley that the Board is still awaiting
feedback from VDOT on the routing of drainage on Five Forks Road.
Supervisor Claud requested Mr. Hartley contact Mr. Barr and find out
when he intends to set up the individual meetings to discuss right-of--way
issues for Muddy Cross Road.
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Supervisor Claud reported that .the .Southampton County Board of
Supervisors has adopted a .resolution similar to the resolution adopted by
this Board on the Route 460 Dedication Study. He stated he has forwarded
any information he had with respect to this. Study to :Norfolk Southern and
he is awaiting a response in the near term. He stated County Administrator
Caskey is attempting to set up a meeting with Delegate Councill and Senator
Quayle, who serve on the General Assembly Committee that is overseeing
the Route 460 project.
Supervisor Bradshaw requested that Mr. Hartley contact VDOT and
inquire when the ditch work will begin on both sides on the roadway in
Walters.
Supervisor Bradshaw requested that Mr. Hartley stay on top of the
drainage issue in Zuni Circle, which floods on a regular basis.
Supervisor Bradshaw directed Mr. Hartley to contact Rick Riddick and
request that he contact the citizen with respect to the status of the ditch
cleaning efforts on Carrsville Highway.
Supervisor Bradshaw requested the status of Dukes Lane.
Mr. Hartley noted that the matter will be considered and addressed
under the County Attorney's section of the agenda.
Supervisor Bradshaw inquired if the signs have been moved on Beaver
Dam Swamp Road.
Mr. Hartley replied that the signs have not been moved to date.
Supervisor Bradshaw requested Mr. Hartley take appropriate action to
request that VDOT install strips or flashing lights in the vicinity of the
Skating Rink advising of an approaching intersection.
Supervisor Bradby requested that Mr. Hartley forward his grass
cutting request that VDOT continue cutting beyond the Route 10 Bypass
into Bradby's Lane, Track Lane and Burwells Bay Road.
Chairman MacManus noted that the Board had previously directed
staff to take pictures. during the recent heavy rains so that evidence could be
taken to the meeting with the Commonwealth Transportation Board. He
noted that the forecast for this weekend would provide staff with an
opportunity to carry out the Board's request.
Supervisor Bradshaw .inquired about the status of the Rural Rustic
Roads Program.
Mr. Hartley reported that staff has spoken with the Franklin and
Waverly residencies which contain roads have been done under the Pave In
Place Program; however, neither residency has completed a road under the
Rural Rustic Road Program. He stated the residency is .estimating between
$75,000 to $100,000 per mile of road under this Program which is
considerably .less than what the VDOT Resident Engineer has quoted this
County.
Chairman MacManus requested that Mr. Hartley invite the VDOT
Resident Engineer to the Board's September 18, 2003 meeting to address
rural rustic road issues.
Supervisor Bradshaw requested that Mr. Hartley contact VDOT and
request a response as to whether VDOT is responsible for disposing of
debris at the Blackwater River at the Zuni Bridge on Route 460 that is
owned by the County.
Supervisor Bradshaw requested Mr. Hartley contact VDOT and find
out the status of the bridge signs on the new section of Route 258/260.
Rudy Rumble, on behalf of the Camptown Community, addressed the
Board .concerning drainage ditches that need upgrading and cleaning along
Pocahontas Avenue; vacant lots that need to be cut; the narrowing of
Washington Avenue; and, the placement of sidewalks in the Camptown
Community. She thanked Deputy Sessoms for the creation of a
Neighborhood Watch Program; Bob Watkins for his efforts in cleaning up
bushes and abandoned houses; Animal Control for their efforts in
eliminating stray animals; and Mr. Long for his efforts with respect to
mosquito control
Supervisor Bradshaw moved that the Board direct staff to review the
grant for Washington Avenue and investigate the question raised by Ms.
Rumble with respect to sidewalks that were proposed for the grant. The
motion was adopted by a vote of (5-0) by Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
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Chairman MacManus called for Citizen's Comments;
Albert Burckard, with respect to the designation of Nike Parkas a
historic site, clarified that his request is only to determine if the site at Nike
Park is eligible for such designation.
Diane Stallings of Zuni Circle requested the status of the replacement
of the water distribution system in Zuni. She noted that the City of Franklin
has initiated spraying for mosquitoes at a nominal cost.
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Thomas Finderson reminded the Board of a request he made at the
Board's May 15, 2003 meeting for $15,000 to assist with bill payments for
low-income individuals.
Marie Bailey addressed the Board concerning her peddler's license.
Grace Keen thanked the Board for the funds allocated to purchase new
furniture at the senior citizens building at Nike Park. She noted that the
Commission on Aging recently voted to hold its future monthly .program at
Berms United Methodist Church.
Supervisor. Bradshaw suggested that the meeting locations be rotated
throughout the County so that they are more accessible to all the citizens.
Mrs. Keen. noted that Supervisor Bradshaw's suggestion would be
discussed at the next Commission on Aging meeting for consideration.
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Chairman MacManus called for the County Attorney's report.
County Attorney Stroman stated that pursuant to the Board's direction
at its August 7, 2003 meeting, he has met with Mr. Burckard and the
Director of Parks and Recreation. with respect to the designation of Nike
Park as an historic district. He stated, in addition, he has provided the
Board a privileged and confidential memorandum analyzing the laws
governing historic district designation to determine what effect, if any, this
designation would have on the County's ability to develop its Master Plan
for Nike Park. He offered to discuss in closed session any questions the
Board might have with respect to his research. He noted that it is his
conclusion that should the Board designate Nike Park as an historic district
that the Board would be compelled to submit any plans for demolition and
construction of the new facilities for comment by the appropriate Federal
and State agencies, thus .resulting in delays in proceeding with the capital
improvements at Nike Park.
County Attorney Stroman stated with respect to the efforts of the
Department of Planning and Zoning to bring Duke's Lane .into the VDOT
state system of secondary highways, and because this matter is time
sensitive, he would request that the Board authorize him to accept the
conveyance on behalf of the Board, as allowed by State law.
Supervisor Clark moved that the Board adopt the following Resolution
to Authorize the County Attorney to Accept Conveyance of Real Property to
Isle of Wight County:
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.RESOLUTION TO AUTHORIZE THE COUNTY ATTORNEY TO
ACCEPT CONVEYANCE OF REAL PROPERTY TO ISLE OF WIGHT
COUNTY
WHEREAS, County staff have been working- to bring Duke's Lane
into the Virginia Department of Transportation. System of Secondary
Highways; and
WHEREAS, VDOT requires that .175 acres necessary for an adequate
turn around be conveyed by Mr. James Duke to Isle of Wight County; and
WHEREAS, State law requires the Board of Supervisors to accept this
conveyance; and
WHEREAS, State law allows the Board of Supervisors to authorize ,~
the County Attorney accept the conveyance on behalf of .the Board of
Supervisors; and
WHEREAS, the Board of Supervisors finds it appropriate to so
authorize the County Attorney;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight hereby authorizes
the County Attorney to accept the conveyance of Mr. James Duke of .175
acres to Isle of Wight County for the purpose of facilitating the addition of
Dukes Lane to the State System of Secondary Highways.
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
.County Attorney Stroman noted during Item 17, listed as Closed
Session on the agenda, he would be discussing with the Board a matter
involving assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of specific public officers, appointees, or
employees pursuant to the Code of Virginia, Section 2.2-3711.A.1 and a
matter involving consultation with legal counsel pertaining to probable
litigation and consultation with legal counsel regarding a specific legal
matter requiring the provision of legal advice pursuant to the Code of
Virginia, Section 2.2-3711.A.7.
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Chairman MacManus called for the Community Development Report.
Mr. Hartley offered nothing for discussion by the Board.
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Chairman MacManus called for. the Parks and Recreation Report.
Alan S. Nogiec, Director of Parks and Recreation, stated there is an
interest on the part of the Isle of Wight Historic Society to have the
Carrollton Nike Park facility designated as an historic district. He stated
designation as an historic district- could -have an impact on the County's
ability to develop its Master Plan for Nike Park and the County could
experience delays in proceeding with its capital improvements at Nike Park.
He noted that it is possible to interpret the .history of the site without an
historic district designation.
County Attorney Stroman commented that should the County proceed
and if the County comes back as eligible to apply for historic status that the
County would, most likely, be under pressure to undertake the review
because it will have been deemed as eligible for inclusion. He stated since
the private homes have been excluded, the balance of Nike Park is owned
exclusively by the County, and there is some question as to whether it would
meet the criteria for historical district.
Supervisor Claud stated he believed it would be in the County's best
interest to leave all of its options open and not pursue historic district status
at this time.
Supervisor Bradshaw stated he is not in support of moving forward
with the request for designation if the Board .does not have. an .intent, or a
plan, on how the County will move forward if granted such a designation.
Supervisor Clark moved that the .Board pursue eligibility of
designation, with no indication of what would happen if the County is found.
to be eligible as an historic district. The motion was adopted by a vote of (3-
2) with Supervisors MacManus, Bradby and Clark voting in favor of the
motion, and Supervisors Bradshaw and Claud voting against the motion.
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Chairman MacManus called for the Economic Development report.
Patrick J. Small, Director of Economic Development, stated pursuant
to Board action, he has evaluated the need .for an additional staff person
within his Department to undertake rural economic development initiatives.
He stated the first priority of the individual is to convene the stake holders in
this community and perform an asset inventory depicting what the County is
good at and where improvements need to be made.
Supervisor Claud moved. that the Board authorize the Department of
Economic Development to initiate immediate advertisement of a Rural
Economic Development Manager position that will report to the Director of
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Economic Development at a Grade level 16, appropriate $47,500 to the
Department of Economic Development from the unappropriated .fund
balance, and that the position be filled by January, .2004. The motion was
adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion, and no Supervisors voting
against the motion.
Supervisor Bradshaw moved- that the Board direct staff to contact Mr.
Atkins, Rural Community Coordinator, City of Virginia Beach with respect
to what the City of Virginia Beach has been. able to accomplish in relation to
rural economic development. The motion was adopted by a vote of (5-0)
with- Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion, and no Supervisors voting against the motion,
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Supervisor Bradshaw moved that the Board amend. the regular order of
the agenda in order to go into closed session, The motion was adopted
unanimously (5-0).
County Attorney Stroman requested a closed session concerning a
matter involving assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers,
appointees, or employees pursuant to the Code of Virginia, Section 2.2-
3711.A.1 and two (2) matters involving consultation with legal counsel
pertaining to probable litigation and consultation with legal .counsel
regarding a specific legal matter requiring the provision of legal advice
pursuant to the Code of Virginia, Section 2.2-3711.A.7.
Supervisor Bradshaw moved the Board enter closed session for the
reasons stated. The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board reconvene its meeting. The
motion was adopted unanimously (5-0).
Supervisor Claud moved that the Board adopt the following resolution
CERTIFICATION OF CLOSED .MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
.this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted .from open meeting requirements by
Virginia. law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified.
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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Supervisor Clark moved the Board modify the order of the agenda in
order to conduct a meeting with the members of the County's Fire and
Rescue Association. The motion was adopted unanimously (5-0).
Scott Brower, Carrollton Volunteer. Fire Department, stated all the
agencies in the County exclusively use Motorola equipment and the vendor
contract, as written, allows for any type of manufactured equipment. He
noted that Motorola equipment is geared toward emergency service
functions and the County has along-standing relationship with Motorola.
He noted all the agencies are happy with Motorola equipment, which is user
friendly, and he requested that the contract be written to support Motorola
equipment.
County Attorney Stroman stated it would be a violation of the Public
Procurement Act to specify a brand name and specifications can not be
drafted in such a way that only Motorola could .fit the bill. He stated
performance standards should be highlighted that are the most important.
This approach should result in a product that best fills the agency's needs.
Mr. Brower inquired how much of a cost burden will be placed on the
various fire departments and rescue squads for -the replacement of the
equipment that is already in existence, if the County goes with a different
frequency and some of the existing equipment is not programmable.
Mr. Childress stated funds for replacement equipment are included in
the contract; however, the current equipment must be utilized to the extent
that it can be reprogrammed. He stated there may not be sufficient funds
within the allocated amounts to purchase all the equipment necessary. He
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stated he does not yet have an accurate figure. for equipment as he has not
received from each department an inventory of what they each have in stock.
Mr. Brower reiterated his concern with user compatibility and the
history .that the agencies. have with Kenwood radios,
Chairman. MacManus noted that staff would work with the agencies to
ensure that procurement of equipment is done as carefully'as possible, while
staying within the bounds of the law, to ensure that the best product is
obtained.
Mr. Brower stated with respect to the upgrades, the agencies feel that
the amount of usable frequencies that will be available are somewhat
limited. He stated the agencies expressed a need for seven (7) frequencies
to the consultant; however, there will only be three (3) frequencies available
that are to be shared by fire, rescue and police,
Mr. Childress explained that there are five (5) channels built into the
system, one (1) of which dispatches fire and rescue, 'the other for
dispatching the Sheriffs Department, the third for dispatching public
works/administration, and the remaining two (2) channels are tactical and
are repeated. He stated there are also other channels that the County
currently has that will be reused that are not repeated that can be used for
working channels. He noted that procedures can be put in place within the
Communications Center to utilize the channel dedicated to Public Works in
an emergency situation.
Mr. Childress noted that the Fire and Rescue Association desires to
reiterate to the Board that their service is an essential service and any cut in
funding would adversely impact what they are able to do, and this impacts
the services received by the citizens. He stated these agencies .want to
ensure that services are not decreased and continue to grow with the County.
Randolph Barlow, .Smithfield Volunteer Fire Department, stated there
are many unsolved fire and police issues that need to be addressed between
the agencies and the County. He stated he is not clear as to what radio
frequencies are to be utilized by the. fire department.
Sherri Bush,. Director of Emergency Communications, stated with
respect to compatibility issues, the County was required to follow the
procurement process and could not specify a brand name in the contract.
She stated all the equipment will be compatible. She stated the vendor will
be addressing Mr. Brower's concern related to training issues because it is a
different radio. She stated the vendor will train, reprogram existing
equipment. provide maintenance and a one (1) year warranty on any new
equipment,
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Mr. Barlow stated there are. a number of portables that are not
compatible with reprogramming.
Mr. Childress verified a certain number of new radios will be
necessary, and the County is being advised that the FCC will not grant the
County new licenses on its existing frequencies to operate because the
County will be extending and interfering with other radio systems. He
stated Mr. Brower mentioned earlier that there may be a financial burden. on
the fire departments, but staff is trying to avoid this by building as much of
this cost into the contract as possible. He stated staff is still in contract
negotiations and nothing has been finalized at this time.
Mr. Barlow noted that he was involved in extinguishing a fire recently
at Smithfield Packing Company .and he could not trip the repeater less than
three quarters of a mile from his location, which is a safety issue.
Mr. Childress stated "in-building coverage" is always a problem. He
stated because of having to relocate to a different tower, staff is not clear if
in-building will be afforded, although there are other items that can be added
to the system to ensure in-building coverage a reality. He stated there is a
good possibility that a fire fighter will have limited communication inside a
concrete structure.
Mr. Bower stated emergency personnel need the ability to call for help
in emergency situations. He stated a large fire could require up to three (3)
channels. He stated what is proposed will not work in a large commercial
fire.
Mr. Childress stated communication with hand-held radios is, and will
always be, limited. He stated staff is being guaranteed that portable radios
will function in all normally constructed residential homes. He stated fire
fighters will have limited communication in industrial construction.
Ms. Bush stated the consultant has suggested that within certain
buildings additional equipment be mounted on the building to facilitate
communications.
Mr. Childress stated the consultant desires to analyze after the system
is in place to see if he wishes to recommend that that. equipment be added at
the Smithfield Packing building and the water tower in Carrsville.
Chairman MacManus stated the Board will look for the consultant's
study to address the potential need for additional repeaters. He stated this is
something that certain .companies might want to provide funding for, as
well.
Chairman MacManus thanked the members of the volunteer agencies
that attended tonight's meeting. He stated valid points were brought up that
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the Board will follow-up on to ensure that these agencies .have the right
equipment to do their jobs safely and successfully.
Supervisor Bradshaw requested that Mr. Childress advise the .Board
when the County converts over to the system and the hand-held radios have
to be replaced. He stated the individual departments should not have to
carry the burden of replacing the radios.
//
Supervisor Clark moved that the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
//
Chairman MacManus called for the Emergency Management report.
Supervisor Claud .requested that Mr. Childress elaborate on a recent
article that appeared in The Smithfield Times that indicated there is the
feeling on the part of the Smithfield Town Council .that some of the funding
for emergency services operations is being used to support the Carrollton
Volunteer Fire Department. He noted there was also reference made to
certain equipment, how it was to be used, and questions raised with respect
to the Town of Smithfield paying for it.
Mr. Childress stated the article incorrectly listed a $1.4 million project
to expand the radio system under the Emergency Communications Center
that should have been listed in his departmental budget. He noted the
project has nothing to do with the dispatch system, as indicated. He stated
the consultant proposed a total design cost of $1.2 million dollars for the
radio expansion project and the consultant's fees equaled approximately
$100,000, thereby increasing the amount to $1.3 million dollars. He stated
any savings realized will be transferred into the Carrollton Volunteer Fire
Department account to meet any shortfalls. He stated anticipated savings
have not been assigned to the fire. department project at~ this time, as this
project is not yet complete. He stated the article also incorrectly stated that
the County is asking the Town of Smithfield to pay an additional $40,000
for this system. He stated the Board did ask the .Board of Directors to
review. and make recommendations on the radio system project. He stated
the Board of Directors determined the leg from the northern tower to the
Town of Smithfield's Police Department and Administration Building, at a
cost of approximately $37,000, to be a capital improvement project and may
fall within the Cost Sharing Agreement contained in the Bylaws for the
Emergency Communications .Center. He noted that the Board of Directors is
advising each locality that this is what may happen should costs be incurred
above what is budgeted in the Emergency Communications Center and that
each locality would have a percentage to pay of that cost. He stated the
article does give recognition that the Town of Smithfield is offering a
16
800K C«~ Pl,'11f '~
donation of software in the amount of $80,000 to help support the Center,
and he pointed out that this. is the equivalent of two (2) positions. He stated
that-the County has also allocated not more than $225,000 to the purchase of
the OSSI software and hardware for the Center. He stated the article further
inaccurately reflects that the Town's Police Department still staffs the
Dispatching Center while awaiting completion of-the project, but that it is
actually County Dispatchers falling under the Office of the Director of the
Communications Center who staff the Dispatch Center. Mr. Childress noted
that Town personnel are occasionally used to fill in at the Town dispatch
center when needed and that the Sheriff has deputies that do the same at the
central dispatch center.
//
Chairman MacManus called for the County Administrator's report.
County Administrator Casket' stated as outlined in Action Step 7.L.1.
of the Isle of Wight County Strategic Plan of Action, staff has conducted a
survey of affected County residents to determine recycling collection
preferences. He noted that the survey is in accordance with the Southeastern
Public Service Authority's (SPSA) request .that each member jurisdiction
consider which method of recycling collection it is willing to pay for in light
of SPSA's ongoing evaluation of recycling services.. He noted that of the
593 total surveys distributed in the subdivisions of Gatling Pointe/Gatling
Point South, Eagle Harbor and Queen Anne's Court, 331 completed surveys
were returned and are included in the agenda for the Board's consideration
relative to its evaluation of future .curbside recycling. collection services for
the County, exclusive of the Towns of Smithfield and Windsor.
Chairman MacManus requested County Administrator Caskey to
report to the Board when he receives the Town's survey results,
Mr. Robertson reported that the Western Tidewater Health District has
advised that a pool of mosquitoes trapped in the Benns Church area has
tested positive for Eastern Equine Encephalitis. He noted the pools of
mosquitoes were abird-biting species, not known to bite humans.. He stated
mosquito control personnel will continue trapping/testing mosquitoes in
Carrollton, Carrsville, Fort Boykins, Isle of Wight Courthouse, Smithfield
and Windsor which will provide information regarding the number of
mosquitoes (by species) in the area and whether or not they are carriers of
any infectious diseases.
Mr. Robertson .stated pursuant to the Board's direction at its August
21, 2003 meeting, staff has contacted the U.S. Air Force to request that the
County be included in the aerial spraying for mosquitoes and been advised
that .the aerial. spraying conducted by the Air Force is limited to those
localities directly adjacent to military installations. He stated that while the
County is ineligible for aerial spraying by the Air Force, it was suggested
17
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that the County investigate the cost/benefit of aerial spraying by contract.
He noted that York County Mosquito Control personnel recommended that
the County conduct an environmental assessment that. would weigh. the pros
and .cons of aerial spraying,. identify the .areas of the County most.
appropriate for .spraying and provide a listing of all bee keepers potentially
affected by aerial spraying, prior to any aerial dispersal of pesticides. He
stated the assessment would also take into consideration the data being
collected by the Western Tidewater Health District with respect to species
and quantities of mosquitoes present in various communities throughout the
County. Finally, he noted that staff has also .contacted the office of
Congressman Forbes to solicit support of the County's spraying efforts and
has been advised that office will work through the appropriate Federal
offices to determine whether or not the County can be included in future fly-
overs.
Mr. Robertson presented for the Board's consideration an agreement
for the provision of course instruction for at-risk youth identified by the
Office on Youth under the Reaching Out/Reconnecting Youth Program. He
noted there are no local funds required.
Supervisor Clark moved that the Board authorize the execution of a
Memorandum of Agreement with Gracelyn, Inc. for the provision of course
instruction for at-risk youth identified by the Office on Youth, Funding in
the amount of $ l ,200 is to be provided via grant funds from the Virginia
Department of Health. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Mr. Robertson requested the Board's direction with respect. to its
Annual Board Retreat.
Supervisor Claud moved that the Board meet with the County's
legislators on November 20, 2003 at 4:30 p.m. to discuss priorities and
concerns. The motion was adopted by a vote. of (5-0) with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion., and no Supervisors voting against the motion,
Supervisor Claud moved that the Board direct staff to report back to
the Board with potential dates and locations for the Board's annual Board
Retreat to be held in early January, 2004. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion.
Mr. Robertson requested the Board's direction with respect to its 2004
legislative priorities..
Supervisor Clark moved that the Board direct staff to set. up a meeting
with the local representatives of the Commonwealth Transportation Board
i
18
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with. respect to VDOT issues. Said meeting is to include the VDOT District
Administrator and Resident Engineer. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion.
Chairman MacManus moved that the Board direct staff to include the
following priorities in the order noted in the County's legislative agenda:
. Cigarette tax
SOQ funding by State
. Adequate public facilities
. Preservation of local zoning authority
The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
//
Chairman MacManus called for Old Business.
Donald M. Long, Director of Public Works, stated pursuant to Board
action, staff proposed a partial renovation that includes building two (2) new
doorways and erecting partition walls in order to establish separate male and
female restroom facilities at Nike Park. He noted that the bathrooms will
not be handicapped accessible, but it would give privacy for both males and
females to simultaneously use the facility.
Supervisor Bradshaw moved that the Board authorize staff to proceed
with the recommended partial renovation that includes building two (2) new
doorways. and erecting partition walls in order to establish separate male and
female restroom facilities. "The funds, estimated to be less than $3,000,
should be taken from the Public Works Buildings and Grounds operating
budget. Staff is to send a letter to Grace Keen, President of the Commission
on Aging, advising of the Board's action. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of the motion, and no Supervisors voting against the motion.
Supervisor Claud suggested the Board consider updating the County
map because two (2) annexations have occurred since the last time the map
was revised in 1992.
Supervisor Claud moved that the Board direct staff to review the
present County maps and provide the Board a recommendation at its
October 2, 2003 meeting as to how to proceed either in-house, contracted
out or eliminating the maps, and to include associated costs. The motion was
adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,
19
Clark and Claud voting in favor of the motion, and no Supervisors voting
against the motion.
E. Wayne Rountree, P.E., Director of Public Utilities, reported that the
operating pressure in Zuni was increased from 40-60 psi to 50-70 psi which
should result in increased water pressure .throughout the entire system. He
further reported that the installation of three (3) new pressure tanks was
completed in Zuni. Circle. He noted apre-construction conference was held
this morning with the contractor and staff anticipates that the replacement of
the water distribution system should be complete by the middle of January,
2004,
In response to Thomas Finderson's request at the Board's May 15,
2003 meeting for $15,000 to assist with bill payments for low-income
individuals, Supervisor Bradshaw noted that the request was considered by
the Social Services Board and deferred based on the recommendation of
Social Services' staff: He offered to follow-up on the request and report
back to the Board on the status.
Responding to an inquiry from Supervisor Bradby, County Attorney
Stroman advised that a claim has been made on the bonding company with
respect to the Courthouse entranceway .renovations. He noted. that certain
documents have been supplied to the bonding company, per their request.
He stated Mr. Long, Mr. Herrmann and he have scheduled a meeting with
the claims counsel for the bonding company and the County's architect on
September 9, 2003 at 2:00 p.m. He stated he would be pushing for a
decision after a site visit is made.
Chairman MacManus stated with regard to the recent Perdue
cancellation of poultry contracts, certain farming operations in Ohio have
been successful in converting vacant chicken houses into suitable sites for
veal production,
County Administrator Casket' reported that the County's Extension
Agent has, through state-wide networking efforts, requested that anyone
associated in the agricultural business to provide him their feedback, pro or
con, on that conversion. He noted he would provide the Board with any
comments received by the Extension Agent.
//
Chairman MacManus called for New Business.
With respect to comments made by Marie Bailey under Citizens
Comments regarding her peddler's. license, Chairman MacManus informed
Ms. Bailey that a provision of the Highway Corridor Overlay District
prohibits outdoor storage or sales of .goods unless it is in an enclosed
20
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(screened) -yard, and that the peddler can not be located at a permanent
location or in a permanent structure.
County Administrator Casket' requested the Board authorize him to
enter into an agreement with Kemper Consulting to continue lobbying
services associated with the County's legislative priorities.
Supervisor Claud moved that the Board authorize the. proposed
Agreement with Kemper Consulting. to continue lobbying services as
conducted for the County last year with respect to legislative priorities,
retroactive to August 1 S, 2003. The motion was adopted by a vote of (5-0)
with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion, and no Supervisors voting against the motion.
Supervisor Clark moved that the Board direct staff to invite the
appropriate Hampton Roads Sanitation District official to the Board's
September 18, 2003 or October 2, 2003 meeting to elaborate on the recent
sewage spill that occurred on the Newport News side of the James River.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting. against the motion.
Supervisor Clark moved that the Board .direct staff to perform an
evaluation of the feasibility of establishing a Route 17 Beautification
Committee (in addition to the existing 'Beautification Committee.) and
request that Grace Keen coordinate and meet with the York County
Beautification Committee. Supervisor Clark advised that he will attend the
meeting with Mrs. Keen. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board direct staff to evaluate the
County decal process and determine if the County can move forward with
the elimination of decals, as done in the City of Virginia Beach and
proposed by York County. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, .and no Supervisors voting against the motion.
//
Chairman MacManus called for Appointments.
Chairman MacManus moved the Board appoint Wayne Willis,
representing the Smithfield District, on the Board of Building Appeals. The
motion was adopted unanimously (S-0).
21
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r .r: ~i~.
Supervisor Clark moved the Board reappoint Grace Keen, representing
the Newport District, to the Commission on Aging. The motion was
adopted unanimously (5-0).
Supervisor Clark moved that the Board reappoint Marilyn Oliver,
representing the Newport District, on the Historical Architectural Advisory
Committee. The motion was adopted unanimously. (5-0).
Chairman MacManus moved that the Board reappoint Kristina Steiger
as the "under 18" representative on the Youth Services Advisory Board.
//
Supervisor Clark moved the Board reconvene in closed session for the
purposes previously specified. The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board return to open session. The
motion was adopted unanimously (5-0).
Supervisor Claud moved the Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with .the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted- from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed .meeting were heard, discussed or
considered by the Boazd of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clazk and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
22
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. Bo~K 22 -~,:P ~~
~~
Kurt Beach fori'nally introduced himself as a candidate running for the
Sheriffls Office and suggested that a "Sheriff's Report" be included in future
Board agendas.
//
At 10:20 p.m., Supervisor Claud moved that the Board continue 'its
meeting until September 18, 2003 at 4:00 p.m. to discuss the Chesapeake
Bay Preservation Area Ordinance. The motion was adopted unanimously
(5-0).
~~X9~-~-
;hard K. MacManus, Chairman